Murphy v. Montandon
Idaho Supreme Court
APPEAL from District Court, Alturas County. Jurisdiction must appear before presumption prevails in favor of it. (Williamson v. Berry, 8 How. 495'; Galpin v. Page, 18 Wall. 350; Pulaski Go. v. Stuart, 28 Gratt. 879; Freeman on Judgments, see. 123.) One who knowingly, upon false ground, sues out an attachment, though entitled to personal judgment, is not entitled to a judgment foreclosing the attachment if rights have intervened.
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APPEAL from District Court, Alturas County. Jurisdiction must appear before presumption prevails in favor of it. (Williamson v. Berry, 8 How. 495'; Galpin v. Page, 18 Wall. 350; Pulaski Go. v. Stuart, 28 Gratt. 879; Freeman on Judgments, see. 123.) One who knowingly, upon false ground, sues out an attachment, though entitled to personal judgment, is not entitled to a judgment foreclosing the attachment if rights have intervened. (Bateman v. Ramsey, 74 Tex. 589, 12 S. W. 235; Fox v. McKenzie, 1 N. Dak. 298, 47 N. W. 386; Clay v. Tapp, 79 Ga. 596, 7 S. E. 256; Brmeking v. Clay, 79 Ga. 598, 7 S.…
1Opinion of the CourtMorgan, J.
John Murphy brought suit against .Edwin S. Bartsch. To secure a lien upon property, the plaintiff therein procured an attachment, and levied upon the property of the defendant, Bartsch. To procure said attachment the plaintiff, Murphy, filed an affidavit, stating, among other things, “that the payment of the debt had not been secured by any mortgage lien or pledge on real or personal property.” To release said attachment, the defendants in the present suit, A. F. Montandon and Ernest Cramer, on the tenth day of August, 1887, gave their bond in the sum of $1,250, conditioned to pay such…
Also in this document: Concurrence.
2Cases cited5 opinions
- Matthews v. DensmoreSupreme Court of the United States · 1883
- Pierce v. WhitingCalifornia Supreme Court · 1883
- Smith v. FargoCalifornia Supreme Court · 1881
- Mathews v. DensmoreMichigan Supreme Court · 1880
- McMillan v. DanaCalifornia Supreme Court · 1861
3Cited by16 opinions
- Blankenship v. MyersIdaho Supreme Court · 1975
- Bellevue State Bank v. LilyaIdaho Supreme Court · 1922
- Dickinson v. First National BankNorth Dakota Supreme Court · 1933
- Willman v. FriedmanIdaho Supreme Court · 1893
- Vollmer v. SpencerIdaho Supreme Court · 1897
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